HomeMy WebLinkAbout20230281 13 Wiswall Lane area Variance NOD �TOG,4 CITY OF SARATOGA Gage Simpson,Chair
Qg �A Brad Gallagher,Vice Chair
Emily Bergmann SPRINGS Cheryl Grey
CIO
ZONING BOARD OF APPEALS Matthew Brendan Dailey
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r -µ CITY HALL-474 BROADWAY John Daley,Alternate
ccRPo�ASE� ��1h SARATOGA SPRINGS,NEW YORK12866 Alice Smith,Alternate
518-587-3550
W W W.SARATOGA-SPRINGS.ORG
20230281
IN THE MATTER OF THE APPEAL OF
John Witt
563 N. Broadway
Saratoga Springs,New York 12866
from the determination of the Building Inspector involving the premises at 13 Wiswall Lane/Long Alley
in the City of Saratoga Springs,New York being tax parcel number 165.44-1-47 on the Assessment Map
of said City.
The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the
construction of a two-unit residential apartment within the Urban Residential-3 (UR-3)District and public
notice having been duly given of a hearing on application held on May 22nd, and June 12d', 2022.
In consideration of the balance between benefit to the applicants with detriment to the health, safety and
welfare of the community, I move that the following area variance for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
MINIMUM LOT SIZE 8000SQFT 3996SQFT 4004 FT 50.1%
MINIMUM AVERAGE WIDE 2 80' 60' 20' (25%)
FAMILY
MAXIMUM PRINCIPAL COVERAGE 40% 69% 29% 72.5%
FRONT SETBACK 10, 2.2' 7.8' 78%
REAR 25' 9.9' 15.1' 60.4%
INTERIOR SIDE 5' 0' S 100%
MINIMUM TOTAL SIDE 12' 9' 3' 25%
MIN PERMEABILITY 30% 20% 10% 33%
As per the submitted plans or lesser dimensions,be approved for the following reasons:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the
applicant. The applicant is proposing to permit the renovation and construction of an existing
structure in order to convert it to a two-unit residential apartment. The applicant was before a prior
zoning board in 2003 and received an approval seeking the same requested variances.
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. The applicant provided numerous
nearby properties in the area that are comparable with the proposed renovation and furthermore,
there will be no significant changes in neighborhood context. The variances being requested are
mainly as a result of the position of the existing structure, the board finds that the proposed project
will result in significant site improvement and contribute positively to the neighborhood.
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3. Although the variances are substantial, they are not necessarily detrimental to the project, and are
partially mitigated by neighborhood context.
4. The Board finds this variance will not have an adverse physical or environmental effect on the
neighborhood. Impermeability will not be intensified as a result of the proposed project and site
improvements.
5. The alleged difficulty is self-created insofar as the applicant's desire to construct the proposed
addition, but this is not necessarily fatal to the application.
Condition: The variance is in effect for this existing structure only and if the structure is demolished whether
intentionally or accidentally this approval shall no longer apply.
It so moved, dated: June 12' 2023
Adopted by the following votes:
AYES: 4 (G. Simpson, B. Gallagher, S. Gaston,B. Dailey)
NAYES: 1 (C, Grey,)
This variance shall expire 18 months following the filing date of such decision unless the
necessary building permit has been issued and actual construction begun as per the Unified
Development Ordinance.
I hereby certify the above to be a full, true and correct copy of a resolution duly adopted by the
Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, five
members of the Board being present.
SIGNATURE: 06/14/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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